If a worker is supposed to attend his duty in one shift but had some unjustified reason that cannot be compromised by the management, and if the supervisor or incharge denies his request for a shift change, if the workman comes in the shift he wanted to come in despite the disapproval of his incharge, is the worker eligible for the payment of that day?
From India, Pune
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From India, Pune
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Also suggest me the referring Labour acts in India, and if there is any specific clause for labour acts in Maharashtra. Please support
From India, Pune
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From India, Pune
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It is always better to settle differences by dialogue across the table with the concerned worker. Find out whether the worker's request is justified and can be accommodated or if the denial of the request is based on ego positions on either side or on the administrative necessity of the organization.
It is not proper to deduct wages for this since he is working in a different shift. However, it does not mean that indiscipline shall be allowed, as the refusal of the worker to work in a particular shift despite instructions amounts to willful insubordination, calling for disciplinary action.
Before taking any action, you need to assess the risk analysis of your industrial relations atmosphere. If the workers are unionized, they may agitate over the issue. Test the waters first by issuing a memo asking him to report for the assigned shift. If he refuses again, issue him a show cause notice asking for his explanation as to why disciplinary action should not be taken against him. Depending on further developments, you can issue a charge sheet and conduct a domestic inquiry.
By now, the employee should understand that the management is serious about indiscipline and will comply with your instructions. However, ensure that it does not escalate into an industrial relations problem and exercise tact to control the situation.
B. Saikumar
From India, Mumbai
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1931It is not proper to deduct wages for this since he is working in a different shift. However, it does not mean that indiscipline shall be allowed, as the refusal of the worker to work in a particular shift despite instructions amounts to willful insubordination, calling for disciplinary action.
Before taking any action, you need to assess the risk analysis of your industrial relations atmosphere. If the workers are unionized, they may agitate over the issue. Test the waters first by issuing a memo asking him to report for the assigned shift. If he refuses again, issue him a show cause notice asking for his explanation as to why disciplinary action should not be taken against him. Depending on further developments, you can issue a charge sheet and conduct a domestic inquiry.
By now, the employee should understand that the management is serious about indiscipline and will comply with your instructions. However, ensure that it does not escalate into an industrial relations problem and exercise tact to control the situation.
B. Saikumar
From India, Mumbai
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When company is running only in one shift, how can heattend duties in other shift? Without doing any work in other shift, why should he be paid?
From India, Pune
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From India, Pune
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Dear Guidance Seeker,
The incident as you related is an act of misconduct for which you should aid and advise your employer/appointing authority/punishing authority to initiate disciplinary action as per your standing orders. Deciding the hours of work/duty timing of a workman/employee is management's prerogative and is non-negotiable.
And where is the question of allowing that worker to report for duty on his/her will? What management control? Prevent the recurrence of such or a similar act of gross misconduct, else the work environment gets vitiated and out of control.
Contact Kritarth TEAM for corrective action.
Kritarth Consulting
info@kritarth.in
Bengaluru Service Centre
13.9.16
From India, Delhi
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The incident as you related is an act of misconduct for which you should aid and advise your employer/appointing authority/punishing authority to initiate disciplinary action as per your standing orders. Deciding the hours of work/duty timing of a workman/employee is management's prerogative and is non-negotiable.
And where is the question of allowing that worker to report for duty on his/her will? What management control? Prevent the recurrence of such or a similar act of gross misconduct, else the work environment gets vitiated and out of control.
Contact Kritarth TEAM for corrective action.
Kritarth Consulting
info@kritarth.in
Bengaluru Service Centre
13.9.16
From India, Delhi
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Chaitanya, can you please provide the full details of the case? The members can't be expected to guess what the situation and the facts are. If you post vague information, the answers will be suboptimal or even misleading for your particular situation.
From India, Mumbai
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From India, Mumbai
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Dear Chaitanya, As suggested by other members if you could give us a exact details in terms of your requirement with clear details we could help you out. Perception differs from reality.
From India, Tiruchchirappalli
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From India, Tiruchchirappalli
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I assume there is a mistake somewhere. Firstly, you state that the worker has asked for a shift change, which the supervisor has denied. Thereafter, you state that the company is running only one shift. So, if a company runs only one shift, how come the worker's demand for a shift change is not known to us? Please elaborate on your query to provide a more appropriate view.
From India, Ahmadabad
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From India, Ahmadabad
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Company runs in only one shift, but every week it alters. For example, if week 1 runs in the 1st shift, the next week it runs in the 2nd shift and so on. I just wanted to know the acts from labor laws which would be applicable when a workman denies the allotted shift and comes in the shift (the shift in which the company is not running) he wanted to come in. And does the work (company-related but not allotted to him) he likes and goes back home. As he did the company job, should he be paid? Or as he refused to come in the allotted shift, should he be punished? What acts are applicable here?
From India, Pune
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From India, Pune
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This is a case of a code of conduct (misconduct) that needs to be dealt with accordingly. Here, the code of conduct is not applicable. As mentioned by Mr. Saikumar, initially counsel him that he has been hired for a specific reason and must act accordingly. If he continues the same behavior, then initiate disciplinary action against him.
From India, Ahmadabad
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From India, Ahmadabad
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Chaitanya ji ..on the time of appointment did all clauses regarding shifts where clear to employee or not....if not then he has full rights to object on this issue....
From India, Mumbai
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From India, Mumbai
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Dear Chaitanya,
Please review his appointment letter as it contains service terms and conditions. These include provisions such as the ability to be called in on a weekly off, any shift, any location, or any department as per the exigencies of work. He may accept these terms by signing the document. Based on this, you can proceed with the inquiry.
From India, Pune
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Please review his appointment letter as it contains service terms and conditions. These include provisions such as the ability to be called in on a weekly off, any shift, any location, or any department as per the exigencies of work. He may accept these terms by signing the document. Based on this, you can proceed with the inquiry.
From India, Pune
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I still find it difficult to believe your post. The company runs only one shift but changes the week every week. That is not possible. A shift change will require the approval of the factory inspector or other authorities under the Industrial Dispute Act every time. And why would someone run the second shift without running the first shift? But if the person has come in a shift the Company is not operating, you do not need to pay him. Mark him absent and deduct the salary. Separately, you can initiate disciplinary action. But I don't think your post is true.
From India, Mumbai
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From India, Mumbai
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I too agree with Mr.Banerjees view. Until you provide clear facts of the incident it will be difficult for us give our opinion on only prediction Adoni Suguresh Labour Laws Consultant.
From India, Bidar
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From India, Bidar
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Yes, as Saswata said, you need to be clear on the facts. I thought your company is running more than one shift in a day, which is common, and the employee is working in the shift for which his request was denied but not in the shift to which he was assigned. Unless the facts are clearly stated, it is not possible to reply properly. The members above have raised some queries; please reply to them as it may reveal some facts.
B. Saikumar
From India, Mumbai
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B. Saikumar
From India, Mumbai
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I think a lot of facts are not being provided here.
One point that needs to be kept in mind is that the working conditions cannot be changed without the approval of the Labour Department, changes in the Standing Order, or in agreement with the Worker's Union.
What are the terms and conditions of the employment?
Is working in such a haphazard random shift mentioned in the Appointment Letter?
It might be better to counsel the employee rather than taking disciplinary action. One should try to keep one's house in order first before taking on such matters which may turn out to be counter-productive.
From India, Delhi
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One point that needs to be kept in mind is that the working conditions cannot be changed without the approval of the Labour Department, changes in the Standing Order, or in agreement with the Worker's Union.
What are the terms and conditions of the employment?
Is working in such a haphazard random shift mentioned in the Appointment Letter?
It might be better to counsel the employee rather than taking disciplinary action. One should try to keep one's house in order first before taking on such matters which may turn out to be counter-productive.
From India, Delhi
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I don't understand where the matter of fact or false is appearing here. I just asked whether I could get any insights in such a case. Why can't it be treated as a case study if not a fact? In fact, that was a real incident where a few operations of the plant ran in one shift one week and the other shift the following week, and vice versa. This operation is done for the flexibility of materials availability. If you feel that this is not a fact, just treat it as a virtual case study.
From India, Pune
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From India, Pune
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Dear Chaitanya,
Please do not get offended when people raise questions. I just checked your profile and it appears that you work as a Dy Manager. People raise these questions to get a clear picture of the scenario to give precise answers. When we start assuming things, and our assumptions are wrong, we end up making an "ASS of U and ME". That's what a tutor on a management course told us.
The key question is: have the workers been told in their contract that they have to work in this pattern of working and have they agreed to this, or is this something new that has been devised due to the non-availability of material?
From your last post, it appears that there are other areas which work on normal shifts and only this section or some sections operate this scheme. The more information that we can give, the better the answers that we will get. It's possible that some of our experts have not come across such a situation and, hence, raise questions.
From United Kingdom
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Please do not get offended when people raise questions. I just checked your profile and it appears that you work as a Dy Manager. People raise these questions to get a clear picture of the scenario to give precise answers. When we start assuming things, and our assumptions are wrong, we end up making an "ASS of U and ME". That's what a tutor on a management course told us.
The key question is: have the workers been told in their contract that they have to work in this pattern of working and have they agreed to this, or is this something new that has been devised due to the non-availability of material?
From your last post, it appears that there are other areas which work on normal shifts and only this section or some sections operate this scheme. The more information that we can give, the better the answers that we will get. It's possible that some of our experts have not come across such a situation and, hence, raise questions.
From United Kingdom
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Mr. Chaitanya,
The members on this site are not here to answer vague case studies. Most of us are spending our time sharing knowledge, helping with real problems, and learning in the process. Perhaps you don't realize this and expect people to drop everything and respond to your questions when you are not willing to provide full details.
Members of the forum are always willing to search for and answer questions, but if you are not willing to provide details, you may receive incorrect answers, if any at all.
From India, Mumbai
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The members on this site are not here to answer vague case studies. Most of us are spending our time sharing knowledge, helping with real problems, and learning in the process. Perhaps you don't realize this and expect people to drop everything and respond to your questions when you are not willing to provide full details.
Members of the forum are always willing to search for and answer questions, but if you are not willing to provide details, you may receive incorrect answers, if any at all.
From India, Mumbai
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Dear Mr. Chaitanya,
I hope you have gone through the above comments. Please try to understand that even if it is a case study, the objective is to understand the matter and find a solution that will provide some sort of learning to others when faced with a similar situation. Is this not the purpose?
Now, the facts of the case are vital because it is on these that the matter is understood and taken into consideration, and solutions are looked for. One can hide or suppress the facts that can identify the personalities or company involved. This is just to maintain privacy and confidentiality of the matter.
But my dear friend, if you start distorting the basic facts and circumstances of the case, how do you expect that you will get the correct solution or opinions? Please take some time and reflect on these points before forcing your assumptions on others.
Warm regards.
From India, Delhi
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I hope you have gone through the above comments. Please try to understand that even if it is a case study, the objective is to understand the matter and find a solution that will provide some sort of learning to others when faced with a similar situation. Is this not the purpose?
Now, the facts of the case are vital because it is on these that the matter is understood and taken into consideration, and solutions are looked for. One can hide or suppress the facts that can identify the personalities or company involved. This is just to maintain privacy and confidentiality of the matter.
But my dear friend, if you start distorting the basic facts and circumstances of the case, how do you expect that you will get the correct solution or opinions? Please take some time and reflect on these points before forcing your assumptions on others.
Warm regards.
From India, Delhi
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